| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 37 |
| Determination date | 25 January 2012 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Manoharan v Chief Executive of Waiariki Institute of Technology |
| Summary | COSTS – Successful personal grievance – Four day investigation meeting – Applicant sought $45,944 total costs or alternatively $38,500 contribution to costs – Respondent claimed costs should lie where they fall or alternatively $4,000 contribution to costs appropriate – Respondent claimed investigation meeting time should exclude time taken to hear claim by other staff member – Authority claimed applicant largely unsuccessful – Found applicant only recovered minimal compensation because of substantial contributory conduct – Found contempt issue did not require award of full costs – Found issue heard in one day – Found $7,239 total costs billed to applicant for contempt matter – Found $4,500 reasonable contribution to those costs – Found applicant unsuccessful with reinstatement application and should be reflected in costs award – Found appropriate to award costs for two days - $10,000 contribution to costs appropriate |
| Result | Costs in favour of applicant ($10,000) ; Disbursements in favour of applicant ($1,270) |
| Main Category | Costs |
| Statutes | ERA s134A;ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_37.pdf [pdf 19 KB] |